Hey Tim
Having been in an almost identical situation a couple of months ago, where I wanted to take the OC and individual committee members to NCAT, I offer below what I saw:
1. OC got legal advice without resorting to a meeting, but said it would not act on the advice until after they held a meeting;
2. When naming the OC and individuals as joint respondents, the OC made clear they will have different legal representation to the individuals at NCAT. Who is to say the individuals did not or would not piggy back on the OC’s pre-NCAT hearing legal advice?;
3. Only if the individuals can show they acted in good faith then it is likely that the strata insurance will cover their costs (i.e. office bearers’ liability); and
4. If the OC can convince its insurer that the OC has a reasonable chance of success at NCAT, against the applicant, then the strata insurance will cover the OC’s legal costs.
5. From what I read in the past and Jimmy reiterates the point: NCAT does not usually award costs. So it’s only in your interest to go to NCAT if your expected benefit > your expected costs. Note the OC will often have a big bucket of money to play with under the strata insurance policy.